Webinar: Cutting Edge Developments at the Intersection of Bankruptcy and Intellectual Property Law

The US Supreme Court has recently decided a case that will have profound effects on bankruptcy and IP practitioners (Mission Products). In addition to this case, the panel will be discussing other significant cases that SCOTUS and other courts have decided that effect these areas, as well as specific substantive areas that impact both BK and IP practitioners, such as sales free and clear of licensing agreements, and the enforceability of covenants not to compete and franchise agreements.

Registration for this event is now closed.

About the Presenters

The Honorable Alan S. Trust, United States Bankruptcy Judge for the Eastern District of New York

The Honorable Alan S. Trust ascended to the bench on April 2, 2008, and sits in the Eastern District of New York. He is an adjunct professor of law at the St. John’s University School of Law, a past Chair of the Bankruptcy Law Section of the Federal Bar Association, a member of the Board of Directors of that Section, and has served as the CLE Committee chair. He is also President of the Eastern District of New York Chapter of the Federal Bar Association, and serves as CLE Committee co-chair. He is a member of the Editorial Board of the American Bankruptcy Institute Journal, is a coordinating editor for the Journal, and for several years has had responsibility for the Dicta column. He is also a member of the American Bankruptcy Institute and the National Conference of Bankruptcy Judges.

During his tenure on the bench, Judge Trust has been designated by the Second Circuit Court of Appeals to mediate cases in the Southern District of New York and to sit in the District of Connecticut bankruptcy court. Judge Trust also serves on the Judiciary Data Working Group under the auspices of the Administrative Offices of the United States Courts.

Judge Trust is a frequent speaker and author for numerous CLE events and seminars, addressing bankruptcy, mediation and ethics issues. He is a trained mediator, and was instrumental in the creation of a Pro Bono Mediation Program and the formation of the Consumer Lawyer Advisory Committee adopted by the Bankruptcy Court for Eastern District of New York.

Judge Trust attended Syracuse University, graduating summa cum laude in 1981, and as a member of Phi Beta Kappa. He attended New York University School of Law, where he served on the Law Review from 1982-83, and graduated cum laude in 1984. After graduation, he relocated to Dallas, Texas to begin his law practice. Judge Trust opened his own law firm (Trust.Law.Firm, P.C.) in Dallas in December 1995, and managed that firm until appointed to the bench.

Robert J. Rando, Founder and Lead Counsel, The Rando Law Firm P.C.

Robert J. Rando is the founder and lead counsel of The Rando Law Firm P.C. Mr. Rando is a Fellow of the Academy of Court-Appointed Masters and, since 2004, has enjoyed the privilege and honor of judicial appointment as a Special Master in numerous cases involving complex patent law issues. He has also served as a Mediator in several private mediations all with successful outcomes and as a Neutral in patent and non-patent cases. He is a published author and frequent lecturer at law schools and CLE programs on patent law and other IP and constitutional law issues.

His professional experience spans thirty years as a federal civil litigator in matters ranging from intellectual property and antitrust, to employment discrimination, civil rights, employment disputes, ERISA and class action product liability cases. Primarily his experience has been focused on the litigation of patent infringement disputes in the Southern District of New York (“SDNY”), the Eastern District of New York (“EDNY”) and several other United States District Courts across the country. He has also filed Circuit Court of Appeals briefs and argued before the Appeals Court for the Second Circuit. Additionally, he has authored, co-authored, and filed Amicus briefs before the United States Supreme Court and Federal Circuit on numerous IP law issues from 2006 to the present.

He is experienced in a wide range of technologies, including: computer hardware and software, silicon chip manufacturing, biotechnology products, medical devices, pharmaceuticals, chemical compounds, food additives, alternative energy products, consumer electronics, communications, security, Internet and e-commerce.

He is the immediate past Chair and current Board Member of the Federal Bar Association (“FBA”) Intellectual Property Law Section (“IPLS”), an active Member of the FBA Government Relations Committee and Charter Member of the FBA EDNY Chapter. He is also the past Treasurer and current Board Member of the New York Intellectual Property Law Association (“NYIPLA”), an active member of the NYIPLA Amicus, Legislative Action, Programs and PTAB Committees, a Member of The Federalist Society IP Practice Group Executive Committee, Master in the Honorable William C. Conner Inn of Court and President-Elect of the Association of Amicus Counsel.

He has worked closely with USPTO leaders on programming and outreach and is actively engaged in federal judiciary legislative initiatives. Along with other patent practitioners, he developed and conducted a series of lectures in 2012 on the AIA and provided a lecture on Alice/Mayo/Section 101 patent eligibility issues in 2018 for the SDNY and EDNY Patent Pilot Program Judges, Magistrate Judges and Law Clerks. He represented the FBA IPLS at the Tillis/Coons Section 101 Patent Law Reform Roundtable discussions and submitted written testimony included in the record at the June 11, 2019 hearing.

He received his Juris Doctor, with academic honors, from St. John’s University School of Law in 1989. He was the Executive Publications Editor of the St. John’s Law Review and the recipient of an Academic Scholarship, Civil Trial Institute Honors and the American Jurisprudence Award for Excellence in Constitutional Law. He received his Bachelor of Science, with academic honors, in mathematics and computer science, from Hofstra University in 1983. Prior to entering the legal profession, Mr. Rando was a computer systems analysis engineer for Sperry Systems (now Lockheed Martin) working on submarine navigation and weapons systems under a government required classified security clearance.

Daniel R. Fogarty, Shareholder, Stichter, Riedel, Blain & Postler P.A.

Daniel R. Fogarty joined Stichter, Riedel, Blain & Postler P.A. in 2006 after graduating with high honors from the University of Florida College of Law and then serving as a law clerk for the United States Bankruptcy Court for the Middle District of Florida, Tampa Division.

Mr. Fogarty regularly represents debtors, committees, creditors, buyers, and other parties in bankruptcy cases and out-of-court workouts. He has served as lead counsel for the debtors in possession in the successful Chapter 11 cases filed by companies in real estate development, manufacturing, software development, and other industries. Mr. Fogarty has been active in numerous representations of small and medium-sized companies in Chapter 11 cases. Mr. Fogarty also represents debtors and trustees in Chapter 7 cases.

Registration

Registration Fees

• FBA Member: $0
• Nonmember: $75

How to Register

Registration for this event is now closed.

Cancellation Policy

No refunds will be made for cancellations received after the close of business on Wednesday, February 5, 2020. No-shows will be billed. Substitutions may be made at any time upon notification. Please contact Alea Al-Aghbari at aalaghbari@fedbar.org with cancellation and/or substitution requests.

CLE

Credit for these complimentary webinars will be processed/reported within 4-6 weeks of the webinar event date and available for credit in states that allow credit for live webinar presentations. Your bar number must be accurate in our database to receive credit.

If you have any questions regarding this program, please contact Alea Al-Aghbari, Sections and Divisions Coordinator.